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telelogo4.jpg (7056 bytes)   Kathmandu, Wednesday, 15 May 2002

E D I T O R I A L


Apex court favors women's internal sentiments!

Nepal's apex court in a fresh decision taken recently has undoubtedly shaken the dogmatic male dominated Nepali society. The decision is revolutionary one in the sense that it has not only elevated the ranks of the traditionally all time dominated women folks of the country but also has hinted the opposite sex that their domination regarding having sex with their consorts as and when they wished have come to an end. The court's verdict explicitly maintains that even exclusive acts of sex in between husband and a wife made in private would be considered to be an act of rape should the whole affair did not enjoy the prior permission from the other equally competent female partner. This means that a female folk can now knock the doors of the courts should the husband forcefully compel his female partner for sexual acts. This also means that in Nepal sexual affairs in between a husband and a wife would now only be brought into effect if both the partners were willing for that to happen. This finally means that unless the female partner offered her nod to the whole affair, the Nepali husband can't now dare to act in a manner that had been an exclusive right and preserve of the male folks in the Nepal's traditionally male dominated society.

Though the court's ruling appears somewhat awkward in the existing scheme of traditional patterns of our society but yet it is progressive in the sense that the ruling has for the first time perhaps felt the need to understand the psychological aspects of the female folks of the country who one way or the other remained "duty-bound" to the urges of sex from their male partners. In effect, the male dominated Nepali society never cared to know the wishes of the other quarter for having sex and forcefully attempted sex taking it for granted that it were the bounden duties of the female partner to satisfy the sexual urges of her husband even if it were against her will and wishes.

The fact is that a majority of the illiterate population in the remote districts of this country have misused theirs being a male. An unemployed youth who out of frustration has become alcoholic and under the drunken spell he considers it to be his exclusive rights to pounce on his wife even if his wife possess no urge for sex at time when her husband wishes her to comply with his sexual demands. However, there were others who belong to the upper strata of the society consider even today their female partners as a commodity. The fact is that the women folks were undoubtedly a separate and equally competent personality in themselves indeed. There is hardly any job left in today's technologically advanced society that a woman be denied a job simply because she were a women. Moreover, no nation can prosper without the active participation of the female folks and hence to treat this gender in a barbaric manner even on sexual matters has got to be seriously taken. The Nepali court's decision taken recently should be taken in this light. We express our satisfaction that finally Nepal's court could peep in to the psychological aspects of the women who were, in the name of longstanding traditions and cultures, denied to express their yes or no to sex with their male partners. The court's decision might have hurt the male ego of some in the society but then ultimately the court's decision will go a long way in defending the rights of the women folks of the country on whether to accede or to reject the offer of their male partners for some private pleasant moments. We hope that the revolutionary decision made in favor of the sexually harassed women folks of the country will open the eyes of those who have made it a habit to treat their female partners as a commodity which could be used or even misused as per one's sexual whims.


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